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killings and desecration of cemeteries, particularly against Bahá’ís, have not been investigated by the Iranian authorities.40 41 While members of the Bahá’í faith have limited access to justice, they are also unequally protected by the judicial system. International standards of fair trial are regularly ignored by the Islamic Republic of Iran during judicial proceedings 42, notably for cases including members of ethnic and religious minorities, including members of the Bahá’í faith. Reportedly, members of the Bahá’í faith have faced unlawful arrests, arbitrary detention and violations of their right to due process and fair trial throughout the process of judicial proceedings.43 Additionally, as judges have great discretion to limit access to hearings,44 trials involving Bahá’ís can be held behind closed doors with no access to independent observers. Recommendation Status: This recommendation has NOT been implemented. 40 Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documentation Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf 41 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019, https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement 42 Joint submission to the Human Rights Committee from Abdorrahman Boroumand Center (ABC) Iran Human Rights Documentation Center (IHRDC) Impact Iran Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fICS%2fIRN%2f42313 &Lang=en 43 Baha’i International Community, https://www.bic.org/focus-areas/situation-iranian-bahais/current-situation 44 Article 352, Code of Criminal Procedure (2015) as referenced by Amnesty International < https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF> 6

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REF0108

Recommendations

Mechanism: Special Rapporteur - Freedom of Religion or Belief

Date: Feb 1, 2009

Paragraph number: 112

Full Recommendation: Furthermore, she would like to recall that the General Assembly resolution 63/181 urges States to step up their efforts to eliminate intolerance and discrimination based on religion or belief, notably by taking all necessary and appropriate action, in conformity with international standards of human rights, to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief, as well as incitement to hostility or violence, with particular regard to members of religious minorities in all parts of the world. In this regard, the Special Rapporteur is very concerned by the continued violations of freedom of religion or belief suffered by members of the Baha'i community. She urges the Government of the Islamic Republic of Iran to ensure that the Baha'i members who are currently detained receive a fair trial and she would like to recommend the presence of independent observers during the trials.

Recommendation Status: Not Implemented

Themes

Freedom from discrimination
Freedom of religion and belief
Right to fair trial

Demographics

Religious, Ethnic and Linguistic Minorities

Source Reference Info: A/HRC/10/8/Add.1

Primary Documents

UNSR FoRB 2009 Feb para 112.pdf
English
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